Sex assault leads to prison

Eau Claire man's residency also an issue.

July 13, 2012|LOU MUMFORD | South Bend Tribune

Martinez (Photo provided)

CASSOPOLIS — His sexual assault of a 14-year-old isn’t the only mistake committed by a 22-year-old Eau Claire man.

Prior to arguing for a prison sentence Friday in Cass County Circuit Court for Luciano Martinez, county Prosecutor Victor Fitz mentioned he’s not a legal resident of the United States. That status makes him subject to deportation, said Judge Michael Dodge, who sentenced Martinez to a 40-month to 15-year prison term based on his guilty pleas to two counts of third-degree criminal sexual conduct.

Afterward, Fitz told reporters Martinez could be deported after serving only a portion of his prison time. Should that occur, he’d be outside the jurisdiction of the U. S. and wouldn’t be required to serve the remainder of his prison term.

In court on Friday, there was no display of sympathy for Martinez as Fitz described the sex acts he performed with the victim on April 10 in a motel room on Michigan 51 in Dowagiac. Dodge said that prior to the assault, Martinez, who speaks little English and was sentenced with assistance from a translator, pursued the girl via cell phones he had provided despite attempts by the victim’s mother to separate the two.

Dale Blunier, Martinez’ court-appointed attorney, argued his client lacks maturity and had never had a girlfriend.

“This was his first love,’’ he said.

Martinez termed his actions “a mistake.’’ Dodge didn’t disagree, pointing out he knew she was underage and his feelings for her didn’t excuse the assault.

Martinez will receive credit for 95 days already served and was ordered to make $1,839 restitution. Also Friday, Anthony Christian, 42, of Edwardsburg, was sentenced to a 5- to 40-year prison term for operating a meth lab and using the resulting product. The minimum was extended by nine months based on a second set of meth charges that grew out of his arrest in May, when he was out on bond for the first offense committed in January.

“That demonstrates how addictive this drug is,’’ Dodge said.

The judge also placed on two years of probation a Mishawaka woman, Dawn Russell, 38, who was involved in a hit-and-run accident in Granger on Feb. 22 and was arrested later on U. S. 12 in Edwardsburg for third-offense drunken driving. Dodge said her blood alcohol level was 0.19.

The judge said he found it “troubling’’ that all three convictions have occurred in the last two years. Russell, who will serve the first 30 days in jail and, most likely, the ensuing 60 on work release, apologized and acknowledged her drinking problem for which she’s currently receiving treatment.

“I know if I don’t (stop drinking), I won’t be around for my daughter and family,’’ she said.